Corpus Christi Community Greenvale Incorporated

[2023] FWCA 1542

[2023] FWCA 1542

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Corpus Christi Community Greenvale Incorporated

(AG2023/1326)

CORPUS CHRISTI COMMUNITY GREENVALE ENTERPRISE AGREEMENT 2023

Aged care industry
COMMISSIONER JOHNS	MELBOURNE, 1 JUNE 2023

Application for approval of the Corpus Christi Community Greenvale Enterprise Agreement 2023

1. An application has been made for approval of an enterprise agreement known as the Corpus Christi Community Greenvale Enterprise Agreement 2023 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Corpus Christi Community Greenvale Incorporated. The Agreement is a single enterprise agreement.

1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

1. The Agreement lodged with the Fair Work Commission contained a cross-referencing error in Clause 27.1(a) of the Agreement. The Clause referenced Clause 0 and should have referenced Clause 27.3. The Applicant submitted the error was due to a corruption of the cross-referencing hyperlink/bookmark when the document was saved to PDF format. On 29 May 2023, the Applicant filed an amended Agreement page rectifying the error. I am satisfied employees covered by the Agreement were not likely to have been disadvantaged by the error and that the correction to the Clause should be made and that it is appropriate to do so pursuant to s.586 of the Act.

1. Pursuant to s.202(4) of the Act, the model flexibility term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

1. The Australian Nursing and Midwifery Federation being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisations.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 June 2023. The nominal expiry date of the Agreement is 30 June 2024.

COMMISSIONER

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